California Civil Jury Instructions (CACI) (2017)

206. Evidence Admitted for Limited Purpose

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206.Evidence Admitted for Limited Purpose
During the trial, I explained to you that certain evidence was admitted
for a limited purpose. You may consider that evidence only for the
limited purpose that I described, and not for any other purpose.
New September 2003
Directions for Use
Where appropriate, an instruction limiting the purpose for which evidence is to be
considered must be given upon request. (Evid. Code, § 355; Daggett v. Atchison,
Topeka & Santa Fe Ry. Co. (1957) 48 Cal.2d 655, 665–666 [313 P.2d 557];
Continental Airlines, Inc. v. McDonnell Douglas Corp. (1989) 216 Cal.App.3d 388,
412 [264 Cal.Rptr. 779].) It is recommended that the judge call attention to the
purpose to which the evidence applies.
For an instruction on evidence applicable to one party or a limited number of
parties, see CACI No. 207, Evidence Applicable to One Party.
Sources and Authority
• Evidence Admitted for Limited Purpose. Evidence Code section 355.
Refusal to give a requested instruction limiting the purpose for which evidence
is to be considered may constitute error. (Adkins v. Brett (1920) 184 Cal. 252,
261–262 [193 P. 251].)
• Courts have observed that “[w]here the information is admitted for a purpose
other than showing the truth of the matter asserted . . . , prejudice is likely to
be minimal and a limiting instruction under section 355 may be requested to
control the jury’s use of the information.” (Korsak v. Atlas Hotels, Inc. (1992) 2
Cal.App.4th 1516, 1525 [3 Cal.Rptr.2d 833].)
• An adverse party may be excused from the requirement of requesting a limiting
instruction and may be permitted to assert error if the trial court unequivocally
rejects the argument upon which a limiting instruction would be based. (Warner
Construction Corp. v. City of Los Angeles (1970) 2 Cal.3d 285, 298–299 [85
Cal.Rptr. 444, 466 P.2d 996].)
Secondary Sources
1 Witkin, California Evidence (5th ed. 2012) Circumstantial Evidence, §§ 32–36
Jefferson, California Evidence Benchbook (3d ed. 1997) §§ 20.11–20.13
1A California Trial Guide, Unit 21, Procedures for Determining Admissibility of
Evidence, § 21.21 (Matthew Bender)
48 California Forms of Pleading and Practice, Ch. 551, Trial, §§ 551.66, 551.77
(Matthew Bender)
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) §§ 4.106, 13.26
(Cal CJER 2010)